WRITTEN QUESTION No. 840/96 by José BARROS MOURA to the Commission. Customs fraud involving tobacco
Date: 1996-04-12
Institutions: BARROS MOURA, European Parliament
Subjects: Portugal, customs duties, customs inspection, customs regulations, customs transit, excise duty, fraud, tobacco industry













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91996E0840

WRITTEN QUESTION No. 840/96 by José BARROS MOURA to the Commission. Customs fraud involving tobacco  


Official Journal C 305 , 15/10/1996 P. 0022 





WRITTEN QUESTION E-0840/96 by José Barros Moura (PSE) to the Commission (12 April 1996)Subject: Customs fraud involving tobaccoIn view of the recent press reports concerning tobacco-related customs fraud, the value of which is apparently in the region of Esc 200 billion (Esc 16 billion in Portugal alone), would the Commission answer the following questions?1. What relationship exists between this kind of fraud and the temporary arrangements established for the purposes of the internal market?2. is it true that the absence of physical checks facilitates fraud?3. Is it possible to identify the transport companies involved?4. Could a list be published of the amounts of fraud by country of origin of the companies involved?5. What action is the Commission proposing to take to recover the unpaid amounts of tax on consumption, in view of the fact that the companies concerned were required to lodge a financial guarantee?6. What preventive measures to monitor, deter and counteract fraud are to be adopted for the future? Or does the Commission consider the existing system to be satisfactory?Answer given by Mrs Gradin on behalf of the Commission (21 May 1996)The Commission is aware of a number of large scale cigarette smuggling cases, some of which involve Portugal. The Commission would also refer the Honourable Member to its answer to written question E-3638/95 by Mr Wynn ((OJ C 112, 17.4.1996. )).Frauds involving misuse of the transit regimes have become more frequent in recent years. The system is abused by the illegal introduction of cigarettes without paying customs duties, VAT and excises. In this respect, it should be noted that a single container-load of cigarettes can represent duties or taxes amounting to one MECU.Controls are the responsibility of Member States. Well-targeted selective physical checks are an essential element in any control system.Legal proceedings continue in cigarette smuggling cases in the Member States concerned. The Commission is unable therefore to divulge details.Recovery of duties evaded is also the responsibility of Member States. The transit regimes are based upon a system involving a financial guarantee which is intended to ensure the payment of duties. Cigarettes are sensitive goods for which the comprehensive security has recently been temporarily forbidden ((Commission Decision 95/521/CE, OJ L 299, 12.12.1995. )). This guarantee was recognised not to be sufficient considering the high level of taxation on cigarettes. This is why a guarantee for a single operation covering all the duties involved now applies.The Commission would finally point out that reinforcing the transit regimes is necessary as recently indicated in its 1996 anti-fraud work programme ((COM(96) 17. )). This contains initiatives on the administrative, legal and operational levels. Among them, the activities of the cigarette task group are currently being developed.